By June 1, all entities that supply, manufacture, produce, or distribute aerosol products that contain fluorinated greenhouse gases with a GWP20 greater than 10 (regulated substances), for sale or use in New York, must register with the New York Department of Ecology (DEC). GWP20 refers to a specific measure of greenhouse gas potential. Common regulated substances and their GWP20s can be found here.
Registration requires providing, among other things:
- The company name and mailing address, including address, city, state, and zip code
- The name, title, phone number, and email address of an authorized representative and
- The name and mailing address for each of the company's manufacturing, distribution, and wholesale facilities that contain a regulated substance
To register, companies must create a NY.gov account and then fill out the registration forms here.
By March 31, 2026, registered companies must file a report with DEC with various data points, including the amount of regulated substances distributed or purchased for distribution in New York in 2025. Annual reports are due every year thereafter.
Earlier this year, federal and New York bans went into effect on the use of chemicals with a GWP of 150 or greater in aerosols. Those bans are subject to certain exceptions, which will sunset on January 1, 2028. Beginning January 1, 2034, New York will ban the use of all regulated substances in aerosols, meaning that the GWP20 limit will be reduced to 10.
Have questions about the New York or federal aerosol requirements? Venable can help.